IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110015387 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

   a.  Korea Defense Service Medal per Army Regulation 600-8-22 (Military Awards), chapter 2, section II, paragraph 2-20 for service in the Republic of Korea from 24 November 1990 to 10 December 1991.
   
   b.  Combat Infantryman Badge per Army Regulation 600-8-22, chapter 8, section II, paragraph 8-6c for service in Korea on the demilitarized zone (DMZ) from 27 May to 27 August 1991 including day and night patrols, duty at Outpost Collier, and intelligence gathering and briefing for Battalion S-2.

2.  He states changes made to Army Regulation 600-8-22, effective 11 January 2007, have endorsed his eligibility for these two awards.  

3.  He provides his DD Form 214, reassignment orders, DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), and Imjin Scout Certificate.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  With respect to the Combat Infantryman Badge, the ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  

3.  Requests for retroactive award of the Combat Infantryman Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Since the applicant is no longer on active duty or in an active status, he may request this award by letter.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.  

4.  The applicant enlisted in the Regular Army on 19 June 1990.  He completed one station unit training at Fort Benning, GA and was awarded military occupational specialty (MOS) 11B (Infantryman).  He later completed basic airborne training.  

5.  He provided Orders 302-113, dated 29 October 1990, which show he was reassigned to the 1st Adjutant General Replacement Detachment in Korea with a proceeding date of on or about 30 October 1990. 

6.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Oversea Service), he served in Korea from 19 November 1990 through 10 December 1991
* item 9 (Awards, Decorations and Campaigns), no entry for award of the Korea Defense Service Medal 
* item 35 (Record of Assignments), he performed duties as an infantryman in duty MOS 11B1O in Korea
* item 35, he was assigned to Headquarters and Headquarters Company, 5th Battalion, 20th Infantry Regiment, 2nd Infantry Division from 24 November 1990 to 9 December 1991

7.  He received the Imjin Scout Certificate for his commendable service in the defense of freedom along the DMZ, Korea during the period 27 May to 27 August 1991.  

8.  His DA Form 638-1, dated 19 November 1991, shows he was awarded the Army Achievement Medal for meritorious service from 10 December 1990 to 10 December 1991 as an Intelligence Analyst with the 5th Battalion, 20th Infantry Regiment, 2nd Infantry Division.  Part II (Justification and Citation Data) listed his achievements as:

* DMZ mission, he contributed to patrol planning
* Battalion gunnery (October to November 1991), he played a key role in the Bradley Crew Proficiency Course
* Intelligence Preparation of the Battlefield (IPB), he became intimately familiar with the IPB process although not an intelligence analyst by MOS
* Load plan, he produced the vehicular load plan for the S-2 section

9.  He was released from active duty on 15 October 1994.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Overseas Service Ribbon
* Army Achievement Medal (2nd Oak Leaf Cluster)
* Army Good Conduct Medal

10.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant served in Korea from 19 November 1990 through 10 December 1991.  Therefore, he served a period of qualifying service for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show award of the Korea Defense Service Medal.




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110015387



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ABCMR Record of Proceedings (cont)                                         AR20110015387



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